The Importance of Obtaining a Clean Break Order

If you are thinking about applying for a divorce or dissolution of a civil partnership, it is important that you also think about financial matters.

Obtaining a final order or decree absolute in respect of a divorce only serves to officially end the marriage or civil partnership and does not prevent either party from making a claim for financial relief.

A financial consent order is a formal court document that sets out the agreement reached between you and your spouse or civil partner.

It explains how you are going to divide up assets, including pensions, property, savings, and investments.

Although you and your spouse or civil partner may agree to the principle of a clean break, it is the order of the court to dismiss those claims that achieve the finality of a clean break order. 

It is possible to submit a financial consent order to the court for approval after you have received your Conditional Order or Decree Nisi. 

The consent order will only take effect after the Final Order or Decree Absolute has been pronounced. 

We would usually advise delaying applying for your final order or decree absolute until you have resolved financial matters. 

When considering spousal maintenance and a clean break, the court will consider:

• Whether it is appropriate to terminate the financial obligations of the parties as soon as after Final Order or Decree Absolute
• If a spousal periodical payment order is made, whether it should be for the joint lives of the parties without a clean break or for a term period with a deferred clean break 

An immediate clean break may be suitable in some circumstances as there may be no basis for a spousal periodical payment order, e.g., both parties may be of similar age and earn broadly similar incomes.

A clean break order may not be suitable in a marriage or civil partnership where there is insufficient capital to meet the needs of a spouse or civil partner or where one party is unable to work.